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Dane County Department of Human Services v. Lisa B.2/1/2001
2000. At no time did Lisa object to proceeding on those dates, nor did she move for dismissal or otherwise argue that the time limitations of Wis. Stat. § 48.422 for conducting the fact-finding had been violated. Lisa did complain at the beginning of the dispositional hearing that it was being conducted a day later than the forty-five days following the fact-finding specified in Wis. Stat. § 48.424(4). The court recalled that all parties had agreed to the date for the dispositional hearing and that it had found good cause to schedule the hearing for the agreed upon date. Lisa does not renew her argument regarding the scheduling of the dispositional hearing, and cites only the jury trial dates as having violated chapter 48 time requirements.
. We reject Lisa's claim that the court lost competency to proceed because of the timing of the fact-finding. As we have noted, Lisa's trial counsel requested that the trial be set for "45 to 60 days" from the conclusion of the initial hearing, which produced the originally scheduled trial date in late March. Thereafter, Lisa joined the other parties in requesting an additional one month postponement, and there is no indication in the record that she ever voiced an objection in the trial court regarding the scheduling and completion of the fact-finding hearing. We conclude that Lisa has waived the issue by failing to raise it in the trial court, and further that she is precluded from raising it now by the doctrines of judicial estoppel and invited error. See State v. Gove, 148 Wis. 2d 936, 944, 437 N.W.2d 218 (1989) (The doctrine of judicial estoppel recognizes that " t is contrary to fundamental principles of justice and orderly procedure to permit a party to assume a certain position in the course of litigation which may be advantageous, and then after the court maintains that position, argue on appeal that the action was error."); Shawn B.N. v. State, 173 Wis. 2d 343, 372, 497 N.W.2d 141 (Ct. App. 1992) (Where appellant requests a certain action by the trial court, and the court complies, " f error occurred, [appellant]'s counsel invited it. We will not review invited error.").
CONCLUSION
. For the reasons discussed above, we reject all of Lisa's claims of error and affirm the appealed order.
By the Court. -- Order affirmed.
This opinion will not be published. Wis. Stat. Rule 809.23(1)(b)4.
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